42 USC 6991k - Delivery prohibition

U.S Code last checked for updates: May 06, 2024

§ 6991k.

Delivery prohibition

(a)

Requirements

(1)

Prohibition of delivery or deposit

(2)

Guidance

Within 1 year after August 8, 2005, the Administrator shall, in consultation with the States, underground storage tank owners, and product delivery industries, publish guidelines detailing the specific processes and procedures they will use to implement the provisions of this section. The processes and procedures include, at a minimum—

(A)

the criteria for determining which underground storage tank facilities are ineligible for delivery, deposit, or acceptance of a regulated substance;

(B)

the mechanisms for identifying which facilities are ineligible for delivery, deposit, or acceptance of a regulated substance to the underground storage tank owning and fuel delivery industries;

(C)

the process for reclassifying ineligible facilities as eligible for delivery, deposit, or acceptance of a regulated substance;

(D)

one or more processes for providing adequate notice to underground storage tank owners and operators and supplier industries that an underground storage tank has been determined to be ineligible for delivery, deposit, or acceptance of a regulated substance; and

(E)

a delineation of, or a process for determining, the specified geographic areas subject to paragraph (4).

(3)

Compliance

(4)

Consideration

(A)

Rural and remote areas

(B)

Applicability

(b)

Effect on State authority

(c)

Defense to violation

(Pub. L. 89–272, title II, § 9012, as added Pub. L. 109–58, title XV, § 1527(a), Aug. 8, 2005, 119 Stat. 1098; amended Pub. L. 109–168, § 1(a)(1), Jan. 10, 2006, 119 Stat. 3580.)

cite as: 42 USC 6991k